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Category: Current Issue

Society’s New Frontier – Cybersecurity, Privacy and Online Expression

Len Kennedy

The following is a written adaptation of the opening speech for the 2019 Symposium. To the Journal’s editorial board, the presenters, commentators, audience, and most importantly, the sponsors, I hope you find inspiration in the Symposium’s presentations. The articles presented in this issue touch on important aspects of some very difficult problems— problems that grow…

Apr 2021

Article

Data Protection by Design? A Critique of Article 25 of the GDPR

Ari Ezra Waldman

Europe’s General Data Protection Regulation (GDPR) took effect on May 25, 2018. Article 25, titled, “Data Protection by Design and by Default,” purports to incorporate the concept of “privacy by design” into European data protection law. This Article challenges that common presumption. Although privacy by design is not a new doctrine, having been the subject…

Apr 2021

Article

Automation in Moderation

Hannah Bloch-Wehba

What is an AutoModerator? An AutoModerator is a bot designed to automate various moderation tasks that require little or no human judgement. It can watch the new/spam/comments/report queues of any subreddit it moderates and take actions on submissions and comments based on defined conditions. This includes approving or removing them . . . . It…

Apr 2021

Article

Corporations on Blockchain: Opportunities & Challenges

Alexandra Andhov

Blockchain technology has the potential to change the way corporations are managed and how they function. A system that offers greater decentralization and ability for shareholders to more actively and accurately engage in decision-making processes will be fundamental for modern corporate governance. We observe that shareholders in recent years have become more active and interested…

Apr 2021

Article

Comparing Consent to Cookies: A Case for Protecting Non-Use

Meg Leta Jones & Jenny Lee

During Mark Zuckerberg’s testimony before Congress in April 2018, eight different senators asked the Facebook CEO about European privacy rights and whether Americans should or would receive similar protections.[1]Facebook, Social Media Privacy, and the Use and Abuse of Data, U.S. Senate (Apr. 10, 2018), https://www.commerce.senate.gov/2018/4/facebook-social-media-privacyand-the-use-and-abuse-of-data … Continue reading The European Union’s General Data Protection Regulation (GDPR)[2]Council…

Apr 2021

Article

Data Privacy and Antitrust in Comparative Perspective

Salil K. Mehra

The current tension between the United States (U.S.) and the European Union (EU) competition law communities regarding online platforms is high and rising, particularly regarding Google and Facebook.[1]See generally John M. Newman, Antitrust in Zero-Price Markets: Foundations, 164 U. PA. L. REV. 149 (2015) [hereinafter Antitrust in Zero-Price Markets: Foundations].The higher scrutiny seen in the…

Mar 2021